Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 4817 (AP)

Smt Kavali Krishna Leelavathi v. The State of Andhra Pradesh,

WP/2544/2025 · 2025-02-19

B S Bhanumathi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010037722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 2544/2025 Between: Smt Kavali Krishna Leelavathi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. JITHENDRA P Counsel for the Respondent(S): 1. GP FOR CIVIL SUPPLIES The Court made the following Order: This writ petition is filed under Article 226 of Constitution of India seeking the following relief: “…may be pleased to issue a Writ of mandamus or any other appropriate writ order to declare the action of the respondents 3 to 7 in not releasing the essential commodities without considering the explanation dated 13.12.2024 made by the petitioner and not allowing the petitioner to run her F.P. Shop No. 1134012, R/o. Veerannagattupalli Village, Vempalli Mandal, YSR Kadapa District, in spite of subsisting the petitioner’s appointment is illegal and arbitrary, violative of principles of natural Justice and contrary to the Provisions of the Essential Commodities Act and the Andhra 2 W.P. No.2544 of 2025 Pradesh State Targeted Public Distribution System (Control) Order 2018 and consequently direct the respondents No. 3 to 7 to supply the commodities continuously by continuing the petitioner as F.P. Shop dealer of shop No.1134012, R/o. Veerannagattupalli Village, Vempalli Mandal, YSR Kadapa District and to pass…” 02. The petitioner was appointed as permanent dealer of the fair price shop No.1134012, Veerannagattupalli, Idupalapaya Village, Vempalli Mandal, YSR Kadapa District vide Lr.No. LR-FP011800103396, dated 30.06.2018. 03. The learned counsel for the petitioner submitted that without there has been any order of cancellation of the petitioner’s authorization, the commodities are not being supplied. 04. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions vide Ref. No. B/161/2025, 15.02.2025, and submitted that there is a huge variation of stock in the petitioner’s fair price shop, which is shown as below: S. No Name of the commo dities Opening Balance (Kgs)/Pk ts Rece ipts (Kgs) / Pkts Total (Kgs)/ Pkts Distrib ution (Kgs)/ Pkts To be availa ble (Kgs)/ Pkts Physically available (Kgs)/Pkts Variations (Kgs)/Pkts 1 2 3 4 5 6 7 8 9 1 Fortified Rice 9825 0 9825 2908 6917 6700 (-) 217 2 Sugar 200 - 200 200 0 100 (+) 100 3 R.G. Dal 500 0 500 231 269 319 (+) 50 4 Jowar 682 0 682 541 141 117 (-) 24 05. In reply, the learned counsel for the petitioner submitted that the variation in the fortified rice is within the permissible limit or is very negligibly above the permissible limit and it does not call for any severe action. He further submitted that the variation in the other stocks is not very considerable as the quantity itself is small. 3 W.P. No.2544 of 2025 06. Since the petitioner is entitled to continue the supply the essential commodities as long as her dealership is in force. 07. Accordingly, the writ petition is disposed of directing the respondents to supply the essential commodities to the petitioner in respect of fair price shop No.1134012, Veerannagattupalli, Idupalapaya Village, Vempalli Mandal, YSR Kadapa District. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S.BHANUMATHI Date: 19.02.2025 SCH 4 W.P. No.2544 of 2025 460 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 2544/2025 Date: 19.02.2025 SCH